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STATEMENT OF PROPOSAL
Hamilton City Council Draft Local Alcohol
STATEMENT OF PROPOSAL
Hamilton City Council
Local Alcohol Policy
Hamilton City Council Draft Local Alcohol Policy
STATEMENT OF PROPOSAL Draft
Hamilton City Council
Local Alcohol Policy
CONTENTS
D-1222621 LOCAL ALCOHOL POLICY
INTRODUCTION --------------------------------
REASON FOR THE PROPOSAL --------------------------------
SUMMARY OF INFORMATION --------------------------------
OTHER POLICY OPTIONS CONSIDERED BY THE COUNCIL
CONSULTATION AND SUBMISSIONS
DRAFT LOCAL ALCOHOL POLICY --------------------------------
SCHEDULE --------------------------------
FREQUENTLY ASKED QUESTIONS
SUBMISSION FORM --------------------------------
LICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO
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OTHER POLICY OPTIONS CONSIDERED BY THE COUNCIL -----------------------------------------------------
CONSULTATION AND SUBMISSIONS ----------------------------------------------------------------
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FREQUENTLY ASKED QUESTIONS ----------------------------------------------------------------
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OPOSAL 2 | Page
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SUMMARY OF INFORMATION
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 3 | Page
INTRODUCTION
This Statement of Proposal has been prepared
to fulfil the requirements of sections 83(1)(a)
and 87(2)(a) of the Local Government Act 2002
(LGA) and section 79 of the Sale and Supply of
Alcohol Act 2012 (the Act).
The Act allows councils to develop Local
Alcohol Policies (LAPs) for their territorial area.
A LAP is a set of policies made by a council in
consultation with its community concerning
the licensing of premises for the sale and
supply of alcohol.
Both the Act and the LGA require Council to
use the special consultative procedure (SCP) to
consult with the community on a draft LAP.
The SCP conducted by Council concludes with
the development of a provisional LAP. The
provisional LAP is then notified and subject to
an appeal period. Only appeals filed by a
submitter on the draft LAP are eligible. The
appeal process, if there is one, is conducted by
the national Alcohol Regulatory and Licensing
Authority (ARLA). The Council can appeal an
ARLA decision on its provisional LAP to the
High Court.
Once a LAP is in place, the local District
Licensing Committee (DLC) and the national
ARLA must have regard to the LAP when
making decisions on licence applications.
A LAP can only deal with matters relating to
licensing;
� The location of licensed premises near
certain types of facilities, such as in specific
neighbourhoods or near schools or
churches.
� The density of licensed premises by
specifying whether further licences or types
of licences should be issued for premises in
the district or in a particular area.
� “One-way door” conditions for licensed
premises that would allow patrons to leave
premises but not enter or re-enter after a
certain time.
� Discretionary conditions in a licence.
� Restrictions or extensions to the maximum
trading hours set in the new Act. The
default hours in the Act are: 8am - 4am for
on-licences (e.g. bars and restaurants) and
7am - 11pm for off-licences (e.g. bottle
stores and supermarkets).
� Special licences
� In addition, a LAP may apply differently
to different kinds of licensed premises.
As required by the Act the Council has had
regard to the following matters when
preparing the draft LAP;
� the objectives and policies of the
Hamilton City Operative and Proposed
District Plan; and
� the number of licences of each kind held
for premises in the City, and the location
and opening hours of each of the
premises; and
� any areas in which the Public Places
Bylaw 2009 regulates outdoor dining
restrictions (includes alcohol); and
� the demography of the City’s residents;
and
� the demography of people who visit the
City as tourists or holidaymakers; and
� the overall health indicators of the City’s
residents; and
� the nature and severity of the alcohol-
related problems arising in the City.
REASON FOR THE PROPOSAL
Hamilton City Council has decided to prepare
a draft LAP to guide licensing decisions within
Hamilton City. The Council recognises that
within the community there is considerable
concern about the effects of excessive and
inappropriate drinking. Preliminary
consultation has demonstrated that the
community has a real desire to be involved in
setting local policies on licensing premises to
best serve our city. The Council views a LAP
for Hamilton City as an important tool to
assist the District Licensing Committee in
making its decisions and to help in meeting
the object of the Act which is that:
� the sale, supply and consumption of alcohol
should be undertaken safely and
responsibly; and
� the harm caused by the excessive or
inappropriate consumption of alcohol
should be minimised.
SUMMARY OF INFORMATION
D-1222621 LOCAL ALCOHOL POLICY
SUMMARY OF INFORMATION
The commencement of the Sale and Supply of
Alcohol Act 2012 (the Act) gave councils the
power to develop a local alcohol policy (LAP). This
is part of a wider reform of the way alcohol is
sold, supplied and consumed in New Zealand.
Hamilton City Council has decided
draft LAP which proposes the following:
� Trading hours for off-licences
stores and supermarkets) have been set as 9am to
10pm. This reflects a one hour change to the
maximum closing hour from 11pm to 10pm. This
will also affect the morning trading hours of
supermarkets who currently open at 7am or 8am.
� No distinction has been made in the LAP
between supermarkets and other
with blanket trading hours being applied to all off
licenses. The rationale for this is to treat all
operators on an equitable basis and to prevent
issues of migration.
� The location of where new off
operate from have been limited to ‘retail centres’
- an approach promoted in the Proposed District
Plan. These centres include the central city, major
facilities zones, and business zones 1
(commercial centres) and are shown in the map in
Schedule 1 of the Policy. This approach is
consistent with other similar harm related
activities such as gambling and prostitution
� Trading hours for on-licences (e.g. bars, café’s
hotels, taverns and restaurants) have remained
unchanged.
� There are no restrictions on the location of on
licences.
� The LAP does provide some exclusions. These
allows for on-line retailers to operate outside of
the locations indicated in Schedule 1, and for mini
bars, house bars in hotels and the casino to trade
outside of the maximum hours.
LICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO
SUMMARY OF INFORMATION
of the Sale and Supply of
gave councils the
power to develop a local alcohol policy (LAP). This
is part of a wider reform of the way alcohol is
sold, supplied and consumed in New Zealand.
to prepare a
the following:
(e.g. bottle
stores and supermarkets) have been set as 9am to
10pm. This reflects a one hour change to the
maximum closing hour from 11pm to 10pm. This
will also affect the morning trading hours of
supermarkets who currently open at 7am or 8am.
distinction has been made in the LAP
between supermarkets and other off-licences
applied to all off-
licenses. The rationale for this is to treat all
operators on an equitable basis and to prevent
ocation of where new off-licences can
‘retail centres’
approach promoted in the Proposed District
the central city, major
facilities zones, and business zones 1-6
re shown in the map in
This approach is
consistent with other similar harm related
activities such as gambling and prostitution.
(e.g. bars, café’s
have remained
There are no restrictions on the location of on-
The LAP does provide some exclusions. These
line retailers to operate outside of
the locations indicated in Schedule 1, and for mini
els and the casino to trade
OTHER POLICY OPTIONS
CONSIDERED BY THE COUNCIL
In developing the draft LAP, Council
considered other options
1. Managing alcohol availability
high youth population e.g. proximity controls
to avoid off-licences establishing in the
vicinity of schools.
Why? To ensure there is a reasonable distance
between bottle stores and schools, to limit the
visibility of off-licences to school children as a
harm reduction method.
Analysis showed that most of the city’s off
licences are located in retail centres and under
the draft policy will be guided to establish in
retail centres. Schools also locate around
centres, therefore the tendency for bottle
stores to be on a school walking path are likely
to be high. We know that currently there are 7
off-licences that are located within 200 metres
of a school, and 4 within 100 metres of a
school. There are 28 off
within the ‘centres’ that are in excess of 200
metres from a school.
In addition to this, it is difficult to quantify the
difference in harm between 1km, 500 metres
or 100 metres.
The clear preference is for bottle stores to be
located in commercial hubs and retail centres
rather than in suburban locations.
To minimise any impact in terms of visibility
and accessibility of alcohol, Council has opted
for a proximity control for new
any site that directly borders any school or
early childcare facility that is existing at the
time the licence application is made.
2. Managing alcohol related signage and
marketing on the exterior of off
premises and impacts on youth i
the normalisation of alcohol.
Why? Marketing of alcohol plays a significant
role in normalisation of alcohol. This is most
evident with off-licence bottle stores
OPOSAL 4 | Page
OTHER POLICY OPTIONS
CONSIDERED BY THE COUNCIL
In developing the draft LAP, Council
considered other options.
Managing alcohol availability in areas with a
e.g. proximity controls
es establishing in the
Why? To ensure there is a reasonable distance
between bottle stores and schools, to limit the
es to school children as a
nalysis showed that most of the city’s off-
es are located in retail centres and under
the draft policy will be guided to establish in
centres. Schools also locate around
therefore the tendency for bottle
walking path are likely
to be high. We know that currently there are 7
es that are located within 200 metres
of a school, and 4 within 100 metres of a
school. There are 28 off-licences located
within the ‘centres’ that are in excess of 200
t is difficult to quantify the
between 1km, 500 metres
The clear preference is for bottle stores to be
located in commercial hubs and retail centres
rather than in suburban locations.
To minimise any impact in terms of visibility
and accessibility of alcohol, Council has opted
a proximity control for new premises on
any site that directly borders any school or
early childcare facility that is existing at the
time the licence application is made.
Managing alcohol related signage and
marketing on the exterior of off-license
premises and impacts on youth in terms of
the normalisation of alcohol.
of alcohol plays a significant
role in normalisation of alcohol. This is most
licence bottle stores
SUMMARY OF INFORMATION
D-1222621 LOCAL ALCOHOL POLICY
advertising featuring heavily on the outside of
the building. There is increasing evidence that
alcohol advertising can impact on an
individual’s decision to take up drinking, or
increase consumption if they are already
drinking.
However the Act does not impose specific
restrictions with regard to
/promotion of alcohol (other than for
supermarkets). In Hamilton signage controls
already exist in the Public Places Bylaw and the
Proposed District Plan.
Council decided not to implement an
signage controls as while they were considered
to have a desirable effect,
questions about the legality and enforceability
of this. All of the existing off-licen
in the city have been lawfully established in
accordance with the Proposed District Plan and
bylaw (or their predecessors).
3. Imposing a one-way door restriction
Why? To manage alcohol related behaviour
late at night. Council is aware of concerns
about the increase of apprehensions/offences
around 2-3am in the central city.
One-way door restrictions require that during
the period of time stated in the restriction that
no person is to be admitted (or re
into the premises.
The police and public health advocate the
positive effects of one-way door policies but
the research on the benefits of such
restrictions is varied and inconclusi
Initially Council considered trialling a one
door policy of 30 minutes prior to closing for a
period of one year. However it was decided
that a staged approach to ‘interventions’ e.g.
reducing trading hours, would allow for
Council to monitor the effectiveness of them in
isolation to determine what works and what
doesn’t. It is possible that a one
restriction would be reconsidered in
couple of years.
LICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO
heavily on the outside of
ng evidence that
alcohol advertising can impact on an
individual’s decision to take up drinking, or
increase consumption if they are already
Act does not impose specific
with regard to advertising
(other than for
ignage controls
already exist in the Public Places Bylaw and the
Council decided not to implement any further
signage controls as while they were considered
to have a desirable effect, there were
questions about the legality and enforceability
licence premises
in the city have been lawfully established in
accordance with the Proposed District Plan and
way door restriction
Why? To manage alcohol related behaviour
late at night. Council is aware of concerns
about the increase of apprehensions/offences
way door restrictions require that during
ted in the restriction that
no person is to be admitted (or re-admitted)
The police and public health advocate the
way door policies but
the research on the benefits of such
restrictions is varied and inconclusive.
Initially Council considered trialling a one-way
door policy of 30 minutes prior to closing for a
period of one year. However it was decided
that a staged approach to ‘interventions’ e.g.
reducing trading hours, would allow for
effectiveness of them in
isolation to determine what works and what
doesn’t. It is possible that a one-way door
restriction would be reconsidered in the next
4. Discretionary conditions
While Council has the option to include policie
relating to discretionary licence conditions (in
addition to those in the Act), Council has
decided to exclude any additional policies
from its draft LAP as section 117(1) of the Act
permits a DLC to issue any licence subject to
any reasonable condition
with the Act.
CONSULTATION AND SUBMISSIONS
This summary has been prepared to fulfil the
purpose of sections 83(1)(a) and 89 of the
Local Government Act 2002, and section 79 of
the Sale and Supply of Alcohol Act 2012
Anyone can make a submission about the
Hamilton City Local Alcohol Policy
encourage you to tell us your views.
How to make a submission
For a copy of the Statement of Proposal,
including the draft policy and information
about making a submission,
public can visit the Hamilton City Council
website (www.hamilton.co.nz
Alternatively, submission forms are available
from all Hamilton City Council public or
community libraries, and from the Ground
Floor reception of Council’s Municipal Building
in Garden Place. For any queries please ring
Strategy and Research (Ph. 07 838 6537).
The period for making written submissions
open 14 January 2014 and closes 4.00 pm on
17 February 2014.
Submissions can be made via our website
www.hamilton.co.nz/consultation
sent to Hamilton City Council, Strategy and
Research Unit, Private Bag 3010, Hamilton
3240.
OPOSAL 5 | Page
Discretionary conditions
While Council has the option to include policies
relating to discretionary licence conditions (in
addition to those in the Act), Council has
decided to exclude any additional policies
from its draft LAP as section 117(1) of the Act
permits a DLC to issue any licence subject to
any reasonable conditions not inconsistent
CONSULTATION AND SUBMISSIONS
This summary has been prepared to fulfil the
purpose of sections 83(1)(a) and 89 of the
Local Government Act 2002, and section 79 of
the Sale and Supply of Alcohol Act 2012.
Anyone can make a submission about the
Local Alcohol Policy and we
encourage you to tell us your views.
How to make a submission
For a copy of the Statement of Proposal,
including the draft policy and information
about making a submission, members of the
public can visit the Hamilton City Council
www.hamilton.co.nz/consultation).
Alternatively, submission forms are available
from all Hamilton City Council public or
braries, and from the Ground
Floor reception of Council’s Municipal Building
in Garden Place. For any queries please ring
Strategy and Research (Ph. 07 838 6537).
period for making written submissions
14 January 2014 and closes 4.00 pm on
can be made via our website
www.hamilton.co.nz/consultation or can be
sent to Hamilton City Council, Strategy and
Research Unit, Private Bag 3010, Hamilton
SUMMARY OF INFORMATION
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 6 | Page
DRAFT LOCAL ALCOHOL POLICY
The purpose of this policy is to ensure that the sale, supply and consumption of alcohol are
undertaken safely and responsibly, and to ensure that the harm caused by the excessive or
inappropriate consumption of alcohol should be minimised.
CONTENTS
1. Policy Objectives and Scope
2. Strategic Alignment
3. Definitions
4. Principles of the Policy
5. Policy Guidelines
6. Monitoring and Implementation
7. References
8. Schedules
REVISION HISTORY
Revision #
Policy Sponsor Approval Date and date of next scheduled review
Council or Committee Decision
# TRIM Reference
Related Operating Guidelines
1
General
Manager City
Environments
Nov 2013. To be
reviewed by
2019.
Council D-1117508
DRAFT LOCAL ALCOHOL POLICY
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1. POLICY OBJECTIVES AND SCOPE
The Sale and Supply of Alcohol Act 2012 allows territorial authorities to develop a Local Alcohol Policy
(LAP), a set of decisions made by Council in consultation with its community to regulate the sale and
supply of alcohol in Hamilton City.
The purpose of a LAP is to set a clear framework to be applied to all applications for liquor licences
within Hamilton City.
The objective of this policy is to balance the reasonable needs of residents of Hamilton City regarding
the sale, supply and consumption of alcohol, while addressing the statutory requirements of the Sale
and Supply of Alcohol Act 2012, including the object of the Act to minimise the harm caused by
excessive or inappropriate consumption of alcohol.
The policy applies to:
� Any applications for liquor licences from the date that this policy comes into force, and
� Any applications for renewal of existing licences at a licensed premise.
This Local Alcohol Policy (LAP) has been developed pursuant to section 75 of the Act, which empowers
territorial authorities to develop Local Alcohol Policies for their District.
2. STRATEGIC ALIGNMENT This policy assists in the delivery of Councils outcomes and goals as follows:
PROSPEROUS AND
INNOVATIVE
OUTSTANDING CITY
LEADERSHIP
PEOPLE LOVE LIVING HERE
� Hamilton has a strong,
productive economy
and we build on our
economic strengths.
� We have a thriving
CBD.
� It’s easy to do business
here.
� Our city grows and
prospers in a
sustainable way.
� The city is led by effective,
open and responsive
governance.
� Council’s finances are
sustainable for the long
term.
� We operate efficiently and
provide exceptional
service.
� The city takes a leadership
role regionally and
nationally.
� Hamilton embraces the
Waikato River and it is the
focal point of our city.
� We value, preserve and
protect Hamilton’s natural,
green environment.
� Our city is attractive, well-
designed and compact with
outstanding architecture and
distinctive public spaces.
� Our city is a fun place to live
with a vibrant Arts scene.
� Hamilton is a safe city.
� It’s easy to get around.
� We celebrate our people and
many cultures.
� = primary contribution
3. DEFINITIONS When interpreting this policy use the definitions set out in section 3 unless the context requires
otherwise. If you see a reference to a repealed Act, regulation, District Plan, bylaw or policy, read that as
a reference to its replacement.
“Authorised customer” in relation to premises a club licence is held for, means a person
who—
(a) is a member of the club concerned; or
DRAFT LOCAL ALCOHOL POLICY
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 8 | Page
(b) is on the premises at the invitation of, and is accompanied by, a
member of the club concerned; or
(c) is an authorised visitor.
“Café” shall have the same meaning as “restaurant”.
“Central City Area” means the area of Hamilton defined by the Central City Zone of the
Proposed Hamilton City District Plan (or the resulting Operative
District Plan).
“Club” means a body that—
(a) is a body corporate having as its object (or as one of its objects)
participating in or promoting a sport or other recreational
activity, otherwise than for gain; or
(b) is a body corporate whose object is not (or none of whose
objects is) gain; or
(c) holds permanent club charter.
“District Licensing
Committee”
means the Hamilton City District Licensing Committee appointed
pursuant to section 186 of the Act.
“House bar” means an area within the premises of a hotel or other form of visitor
accommodation where a bar is operated, primarily for the use of
guests staying in the accommodation and in conjunction with a
restaurant or other form of premises serving food.
“Hotel” means premises used or intended to be used in the course of
business principally for providing to the public—
(a) lodging; and
(b) alcohol, meals, and refreshments for consumption on the
premises.
“Minibar” means a selection of drinks and confectionary that is provided in a
hotel (or other form of visitor accommodation) bedroom, and
charged to the guest’s bill if used.
“Off-licence” on the premises an off-licence is held for, the licensee can sell alcohol
for consumption somewhere else.
“On-licence” on any premises an on-licence (other than an on-licence endorsed
under section 37 of the Act) is held for, the licensee—
(a) can sell and supply alcohol for consumption there; and
(b) can let people consume alcohol.
“Outdoor dining area” means an area of a premises holding an on-licence or club licence
that is outside of the building which includes any part of a public
footpath, pavement or other public place.
“Premises” Includes;
(a) a conveyance; and
(b) includes part of any premises; and
(c) in relation to a licence, means the premises it was issued for.
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D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 9 | Page
“Prohibited persons” are persons to whom alcohol cannot be served including minors and
intoxicated persons and in the case of clubs any person who is not an
authorised customer.
“Remote seller” means off licence premises that conduct ‘remote sales’, as defined by
the Sale and Supply of Alcohol Act 2012.
“Restaurant” means premises that—
(a) are not a conveyance; and
(b) are used or intended to be used in the course of business
principally for supplying meals to the public for eating on the
premises.
“Suburban Area” means the portion of Hamilton defined by the Business 1 to 6 Zones
and the Major Facilities Zone of the Proposed Hamilton City District
Plan (or the resulting Operative District Plan).
“Special Licence” means the type of licence detailed in section 22 of the Act.
“Speciality Retailers” means retail premises where the sale of alcohol forms a minor
portion of sales of speciality food items, such as but not limited to gift
basket retailers and ethnic food stores, and where the District
Licensing Committee consider the premises to fall within the
characteristics of a speciality store.
“Tavern” (a) means premises used or intended to be used in the course of
business principally for providing alcohol and other
refreshments to the public; but
(b) does not include an airport bar.
“Temporary Authority” means a temporary authority order issued and in force under section
136 of the Act.
“The Act” means the Sale and Supply of Alcohol Act 2012.
“Visitor
Accommodation”
means any land or buildings used for day-to-day accommodation of
visitors on a temporary basis (up to three months’ continuous
occupation during any 12-month period). It includes motels, hotels,
holiday or tourist flats, backpacker accommodation, motor or tourist
lodges. It excludes camping grounds and motor camps.
4. PRINCIPLES OF THE POLICY � Council recognises its role in minimising harm caused by excessive or inappropriate
consumption of alcohol.
� Council acknowledges the important role central city bars and restaurants play in providing a
vibrant hospitality sector and night time economy.
� Council acknowledges the rights of individuals to purchase alcohol, the rights of industry to sell
alcohol and the rights of society to protect itself from alcohol related harm.
5. POLICY GUIDELINES
5.1 On-Licences and Club Licences
5.1.1. Maximum trading hours for premises holding on-licences (subject to sections
46 and 47 of the Act)
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D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 10 | Page
(i) No on-licence or club licence shall be issued or renewed for any premises in the Central City
Area with trading hours that exceed the following:
� Monday to Sunday 7:00am to 3:00am the following day.
(ii) No on-licence or club licence shall be issued or renewed for any premises outside the Central
City Area with trading hours that exceed the following:
� Friday and Saturday 7:00am to 1:00am the following day,
� Sunday to Thursday 7:00am to 11:00pm.
(iii) Any permitted outdoor dining area will not have trading hours that exceeds 9:00am to
10.00pm on any day as provided for within the Public Places Bylaw 2009 and the Public
Places Policy.
(iv) The Hamilton Casino (at 340 Victoria Street), and minibars and house bars located within
hotels, and other forms of visitor accommodation, are all exempted from this provision.
5.2 Off-Licences
� This policy does not limit the number of off-licence premises or restrict the issue of new
licences, provided the other policy criteria are met.
5.2.1 Location of premises holding off-licences
(i) New off-licence premises (excluding remote sellers endorsed pursuant to section 40 of the
Act and speciality stores) shall be limited to areas of the city as displayed in Schedule 1
(Central City Area and the Suburban Area).
(ii) In addition to 5.2.1 (i), an off-licence will not be issued in respect to any new premises on any
site that directly borders (as identified in the graphic below) any school or early childcare
facility, existing at the time the licence application is made.
(iii) Speciality retailers and remote sellers are exempted from the above location provisions.
5.2.2 Maximum trading hours for premises holding off-licences
(i) Subject to section 48 of the Act no off-licence shall be issued or renewed with trading hours
that exceed the following:
� Monday to Sunday 9:00am to 10:00pm
45° 45°
Subject
site
DRAFT LOCAL ALCOHOL POLICY
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 11 | Page
5.3 Special Licences
(i) Special licences allow the sale and consumption of alcohol at events or occasions on
premises that are unlicensed, or premises that would be outside their normal licence
conditions. They can permit on site or off site sales, and are in force for the date and time of
the event only.
(ii) For the purpose of this section, the term ‘event’ includes an occasion or a gathering, and any
series of such events.
5.3.1 Issuing of Special Licences
(i) The District Licensing Committee, subject to section 41 of the Act may refuse a special licence
or licences where it would be more appropriate for the applicant to apply for an on, off or
club licence, or for the variation of an existing licence.
(ii) No more than twenty (20) events or series of events will be authorised by special licence(s)
to a single licensee or applicant in one calendar year.
(iii) Temporary structures being used as part of a special licence application will need both
Building Unit and Planning Guidance Unit approval before a special licence will be issued.
(iv) Special licences for premises that are not otherwise licensed will not be issued with trading
hours beyond 1.00am the day following the event, except in exceptional circumstances as
determined by the District Licensing Committee.
(i) Where the applicant for a special licence already holds an on, off or club licence with the
maximum hours permitted for that type of licence under this policy, a special licence with
greater hours (to a maximum of one extra hour) will only be issued in exceptional
circumstances as determined by the District Licensing Committee.
5.4 Temporary Authorities
(i) All temporary authority applications will be passed to the Police to give them an
opportunity to inquire into the application.
(ii) Pursuant to section 136(4)(c) of the Act every temporary authority will be subject to a
condition that no second or subsequent temporary authorities will be issued in respect to
the same premises and licensee unless a full licence application has already been filed, or,
in exceptional circumstances, with the prior approval of the Secretary of the Licensing
Committee.
6. MONITORING AND IMPLEMENTATION
The General Manager City Environments will monitor the implementation of this policy.
The policy will be reviewed every six years as required by the Sale and Supply of Alcohol Act 2012, or at
the request of Council, or in response to changed legislative and statutory requirements, or in
response to any issues that may arise.
7. REFERENCES
� Sale and Supply of Alcohol Act 2012
� Public Places Bylaw 2009 and Public Places Policy � Waikato Regional Liquor Licensing Policy Guidance Document
SCHEDULE 1
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 12 | Page
SCHEDULE
AREAS WHERE OFF LICENCE PREMISES SHALL BE LIMITED TO
FREQUENTLY ASKED QUESTIONS
D-1222621 LOCAL ALCOHOL POLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPOSAL 13 | Page
FREQUENTLY ASKED QUESTIONS
1. What is a local alcohol policy (LAP)?
A LAP – under the Sale and Supply of Alcohol
Act 2012 (the Act) – allows councils such as
the Hamilton City Council to develop a set of
policies about licensing of premises that sell
and supply alcohol within their territorial
authorities.
2. What can a LAP deal with?
A LAP can only deal with matters relating to
licensing. Through a LAP, communities are
able to set the direction on some or all of the
following matters:
� The location of licensed premises near
certain types of facilities, such as in specific
neighbourhoods or near schools or
churches.
� The density of licensed premises by
specifying whether further licences or
types of licences should be issued for
premises in the district or in a particular
area.
� “one-way door” conditions for licensed
premises that would allow patrons to leave
premises but not enter or re-enter after a
certain time.
� Discretionary conditions in a licence.
� Restrictions or extensions to the maximum
trading hours set in the new Act. These
are: 8am – 4am for on-licences (such as
bars, cafe’s and restaurants) and 7am –
11pm for off-licences (such as bottle stores
and supermarkets).
In addition, a LAP may apply differently to
different kinds of licensed premises.
3. Why is Hamilton City Council developing
a LAP?
There was a strong feeling that the Hamilton
community wanted to address alcohol issues
sooner rather than later through a policy that
was specific to our community circumstances.
4. Has the community been involved with
the development of a draft LAP?
Before producing a draft LAP, Council
consulted with the NZ Police, licensing
inspectors and the Medical Officers of Health
to ensure that the draft policy reflects the
nature of alcohol-related harm in the
community.
This has involved three stakeholder meetings
as well as a stakeholder reference group being
established and utilised.
Hamilton City Council has also engaged with
sector stakeholders and community groups.
5. What happens now?
The draft LAP was adopted by Council on 28
November 2013. It is now out for community
consultation via a Special Consultative
Procedure (SCP), to allow for community
input. Anyone who is interested can make a
submission on the draft LAP.
6. When can I make a submission?
Submissions about the draft LAP can be made
from 14 January through to 17 February 2014.
7. How can I make a submission?
Submissions can be made via our website
www.hamilton.co.nz/consultation or can be
sent to Hamilton City Council, Strategy and
Research Unit, Private Bag 3010, Hamilton
3240.
8. What happens to the submissions?
The Council will hear and consider the
submissions on the draft LAP, and then decide
whether or not to proceed with preparing a
provisional LAP and what it will include.
Hearings from those submitters who choose
to be heard are expected to take place late
February or early March 2014. Any person
who makes a written submission and wants to
be heard by Council, should make that
request in their written submission.
The Council is legally required to make all
written or electronic submissions available to
the public and to elected members, including
the name and address of the submitter.
Information will be available to the public
subject to the provisions of the Local
Government Official Information and
Meetings Act 1987. If you consider there to be
compelling reasons why your contact details
and/or submission should be kept
confidential, you should contact Council’s
Strategy and Research Unit (07 838 6537).
FREQUENTLY ASKED QUESTIONS
D-1222621 LOCAL ALCOHOL POLICY:
9. What happens after the council notifies a
provisional LAP?
Once the Council has notified a provisional
LAP, there is an appeal process to
Regulatory and Licensing Authority.
person or agency that has made a submission
as part of the special consultative procedure
on a draft LAP will be able to appeal against
any element of the resulting provisional LAP.
10. What is the district licensing committee
(DLC)?
Under the new legislation, each local council
must establish one or more DLC to make
decisions on all licenses and man
certificates. The DLC will replace the current
District Licensing Agency. The DLC will have
wider powers than the Agency as it will
consider all licence application and renewals
and managers certificate applications and
renewals, regardless of whether they are
contested or not contested. Hamilton City
Council needs to have a DLC in place by 18
December 2013. A DLC is made up of a
Chairperson or Commissioner and two
committee members.
ICY: SUMMARY OF INFORMATION AND STATEMENT OF PROPO
What happens after the council notifies a
Once the Council has notified a provisional
LAP, there is an appeal process to the Alcohol
Regulatory and Licensing Authority. Only a
person or agency that has made a submission
as part of the special consultative procedure
will be able to appeal against
any element of the resulting provisional LAP.
district licensing committee
Under the new legislation, each local council
must establish one or more DLC to make
decisions on all licenses and managers
. The DLC will replace the current
District Licensing Agency. The DLC will have
er powers than the Agency as it will
e application and renewals
and managers certificate applications and
renewals, regardless of whether they are
contested or not contested. Hamilton City
Council needs to have a DLC in place by 18
ber 2013. A DLC is made up of a
ommissioner and two
11. What is the Alcohol R
Licensing Authority (
The ARLA considers and determines licensing
applications having replaced the Liquor
Licensing Authority from 19 December 2012
which previously had this role. During the
12 months of the new law the
continue to consider all contested applications
for licences. The ARLA will primarily
appeal body for applications
appeals to the Council’s provisional
12. How often will the LAP
Legislation requirements mean the LAP must
be reviewed every six year
can choose to do this sooner if they wish.
OPOSAL 14 | Page
What is the Alcohol Regulatory and
uthority (ARLA)?
ARLA considers and determines licensing
applications having replaced the Liquor
Licensing Authority from 19 December 2012
had this role. During the first
12 months of the new law the ARLA will
continue to consider all contested applications
ARLA will primarily be an
appeal body for applications and will hear any
appeals to the Council’s provisional LAP.
LAP be reviewed?
Legislation requirements mean the LAP must
be reviewed every six years, although councils
can choose to do this sooner if they wish.
SUBMISSIONS FORM
D-1222621 LOCAL ALCOHOL POLIC
SUBMISSION FORM
DRAFT HAMILTON CITY LOCAL ALCOHOL POLICY
SECTION 1 Please print your details clearly
Name: Mr / Mrs / Miss / Ms ________________________________
Organisation: ________________________________
Address: ________________________________
________________________________
Phone: (day) ________________________________
Email: ________________________________
Please note all submissions are treated as
website with the names and contact details of submitters included.
Important
Do you wish to speak about your submission at a Council hearing?
Yes No If you do not
• Hearings are anticipated to be held in
indicated that you wish to be heard, we will contact you once Hearing dates for the
finalised.
SECTION 2 Please print clearly
Do you support in principle the
(Please circle one) Yes / No / Don’t know
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
OFF LICENCES
Do you have any specific comments in relation to restricting
centres – refer to schedule 1 of the policy.
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
OLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROP
HAMILTON CITY LOCAL ALCOHOL POLICY
Please print your details clearly
__________________________________________________________
________________________________________________________________
________________________________________________________________
__________________________________________________________________________________
_________________________________ (evening) ____________________________
______________________________________________
are treated as public documents and will be loaded on to the Council’s
website with the names and contact details of submitters included.
your submission at a Council hearing?
do not tick a box we will assume that you do not wish to speak at a hearing
Hearings are anticipated to be held in late February or early March 2014. Please note if you
indicated that you wish to be heard, we will contact you once Hearing dates for the
draft Hamilton City Local Alcohol Policy?
/ Don’t know
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Do you have any specific comments in relation to restricting new off licensed premises
refer to schedule 1 of the policy.
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
For Office Use Only
Sub No. _____
ROPOSAL 15 | Page
__________________________
______________________________________
__________________________________________
__________________
____________________________
documents and will be loaded on to the Council’s
do not wish to speak at a hearing.
Please note if you
indicated that you wish to be heard, we will contact you once Hearing dates for the policy have been
_______________________________________
__________________
__________________
__________________
__________________
__________________
__________________
ed premises to commercial
_______________________________________
__________________
__________________
__________________
__________________
__________________
For Office Use Only
Sub No. __________
SUBMISSIONS FORM
D-1222621 LOCAL ALCOHOL POLIC
Do you have any specific comments in relation to the
to off licensed premises?
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
ON LICENCES
Do you have any specific comments in relation to the
licensed premises?
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
SPECIAL LICENCES
Do you have any specific comments in relation to the maximum hours of operati
special licences?
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
Any other comments in relation to this
Comment(s): ________________________________
________________________________
________________________________
________________________________
________________________________
Submissions can be:
— submitted online : www.hamilton.co.nz/consultation
— posted to Freepost 172189, Strategy &
Hamilton 3240.
— delivered to the main reception, ground floor of Council Building, Garden Place
Important Reminder: Submissions must reach Council by 4.
will not be accepted.
Thank you for your submission.
OLICY: SUMMARY OF INFORMATION AND STATEMENT OF PROP
Do you have any specific comments in relation to the maximum trading hours of operation permitted
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Do you have any specific comments in relation to the maximum hours of operat
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Do you have any specific comments in relation to the maximum hours of operati
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Any other comments in relation to this policy?
________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
www.hamilton.co.nz/consultation.
posted to Freepost 172189, Strategy & Research Unit, Hamilton City Council, Private Bag 3010,
delivered to the main reception, ground floor of Council Building, Garden Place
Important Reminder: Submissions must reach Council by 4.00pm 17 February 2014.
ROPOSAL 16 | Page
maximum trading hours of operation permitted
_______________________________________
__________________
__________________
__________________
__________________
maximum hours of operation permitted to on-
_______________________________________
__________________
__________________
__________________
__________________
Do you have any specific comments in relation to the maximum hours of operation permitted to
_______________________________________
__________________
__________________
__________________
__________________
_______________________________________
__________________
__________________
__________________
__________________
Research Unit, Hamilton City Council, Private Bag 3010,
delivered to the main reception, ground floor of Council Building, Garden Place.
2014. Late submissions